Judge: Carolyn M. Caietti, Case: 37-2010-00085068-CL-PA-CTL, Date: 2023-09-07 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 06, 2023

09/07/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Limited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2010-00085068-CL-PA-CTL STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS. DECKER CAUSAL DOCUMENT/DATE FILED: Motion to Vacate, 04/28/2023

Plaintiff State Farm Mutual Automobile Insurance Company's Motion to: (i) Vacate the Dismissal; and (ii) Enforce a Settlement Agreement and Enter Judgment is GRANTED.

Plaintiff served this motion on Defendant and his counsel. (ROA 37.) This motion is unopposed. The Court has authority to vacate the dismissal and enter judgment pursuant to C.C.P. section 664.6 (ROA 35 – Declaration of Tristan Espinosa, at ¶ 2, Ex. A.) Defendant made payments, but then defaulted.

Plaintiff sent a notice of default letter and Defendant did not cure the default. (Id., at ¶¶ 5-6, Ex. B.) The judgment consists of: the principal balance due of $8,675; prejudgment interest in the amount of $0; costs in the amount of $60; and attorney fees in the amount of $0; less the payments made of $8,150.

(Espinosa Decl., at ¶ 8.) The dismissal is vacated and Plaintiff is entitled to judgment in the amount of $585.

Plaintiff is ordered to: (i) prepare and submit a proposed judgment in accordance with any applicable laws and rules; and (ii) serve written notice of this ruling within five court days of this ruling.

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